Sunday December 17, 2017 4:07 am

CORPORATE LAW

We advise clients in matters related to employer-employee relations, rights, and requirements under state and federal law. We also review and draft employment agreements involving both independent contractors and W-2 employees. In addition we advise and represent clients before state and federal agencies such as United States Department of Housing and Urban Development, California Department of Real Estate, California Department of Corporations, and Nevada Division of Mortgage Lending.

 

EFFECTIVE 2014 ALL BUSINESSES WITH 50 OR MORE EMPLOYEES MUST PROVIDE HEALTH-CARE BENEFITS TO EMPLOYEES

FACTS
The United States Supreme Court has upheld President Obama’s “Patient Protection and Affordable Care Act.  This is how it will affect small business owners with 50 or more employees:
  • First the business owner must have 50 or more full-time employees.  Two half-time employees are equal to one full time employee.  Failure of the employer to comply will invoke penalties against the employer.  Failure to comply includes failure to offer the insurance or offering insurance that is not considered affordable.
  • To be considered affordable, the insurance must pay at least 60% of covered health care expenses, and employees may not be forced to pay more than 9.5% of their FAMILY INCOME (before deductions and adjustments for coverage offered by employers.)
  • The health benefit package must include whatever each state requires. If he employer has multiple employees in multiple states then there are multiple health benefit packages to be aware of for each state and it will (in this lawyer’s opinion) require an investment in one or more Human Resource person to keep track of the laws, regulations and changes for each state.
  • Failure to comply will subject employers to penalties of $2,000 per employee excluding the first 30,
  • At a minimum the health package must contain ten items:  1-Preventative care; 2-emergency services, 3-maternity care; 4-hospital service; 5-physician services; 6-prescription drugs; plus others.

MORAL
There is more to the plan.  If you require legal assistance in understanding the plan; knowing if you are part of it; whether the penalty is better than providing the insurance we have an in-house attorney to assist you with compliance on an hourly or monthly per diem basis.

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